If you were injured while spending time on someone else's property, you may have a premises liability claim. Property owners and operators have a duty of care to ensure that their guests and visitors are safe while on the property.
This means that they must take steps to fix any hazardous conditions and warn guests about any potential dangers. If the property owner fails to meet this duty, and someone is injured as a result, then they may be liable for damages.
In this blog post, we will discuss the elements necessary for a successful premises liability claim. We will also provide some examples of common claims in this area of law. Read on to learn more.
The Duty of Care
To have a viable premises liability claim, you must be able to show that the property owner or operator owed you a duty of care and that this duty was breached. The duty of care is the legal responsibility that a property owner has to ensure the safety of those on their property.
This duty varies depending on the relationship between the parties. For example, business owners owe their customers a higher duty of care than they do to trespassers. This is because business owners willingly invite customers onto their property and therefore have a greater responsibility to ensure their safety.
If you can show that the property owner breached their duty of care, then you will need to prove that this breach was the cause of your accident and injuries. To do this, you will need evidence such as eyewitness testimony, photos or videos of the accident, and medical records. It can also be helpful to maintain a journal of how you are feeling from day to day in the months following the accident.
While it may seem simple enough to provide evidence in a premises liability claim yourself, these types of claims can be very complex and typically warrant expert testimony. It is in your best interest to seek representation from a skilled premises liability attorney right away to help with your case so that you have the best chances of success.
Common Premises Liability Claims
There are many different types of injury-causing accidents that can occur on someone else's property. Some common premises liability claims include:
- Slip and fall accidents
- Elevator and escalator accidents
- Swimming pool accidents
- Fire and smoke injuries
- Negligent security
- Toxic chemical exposure
Every premises liability claim is unique in its own right. Read on to learn more about these types of cases.
Slip and Fall Accidents
If a dangerous condition exists on a property, and you slip and fall and sustain injuries as a result, you may have a viable premises liability claim. Property owners and operators owe those on the premises a duty of care to keep the facility safe from slip and trip hazards.
In order to have a slip and fall premises liability case for a dangerous condition, it must be shown that the property owner or operator knew or reasonably should have known about the hazard and did not take timely action to warn those on the property about or correct the issue. Failing to fix the issue or warn guests of the hazard constitutes negligence.
Elevator and Escalator Accidents
If you are injured in an elevator or escalator accident, you may have a premises liability claim against the property owner or operator. These types of accidents often occur due to malfunctioning equipment or poorly maintained facilities.
To successfully bring a premises liability claim against the property owner or operator, you will need to show that they knew or should have known about the unsafe element and did not take steps to fix it. You will also need to show that this breach of duty was the cause of your accident and injuries.
Swimming Pool Accidents
After sustaining injuries in a swimming pool accident, it may be possible to file a premises liability claim against the property owner or operator. Swimming pools can be dangerous places, especially for young children. Property owners have a duty to take steps to ensure the safety of those on their property, which includes maintaining the swimming pool and keeping it free of hazards.
Examples of negligent pool area maintenance can include a failure to provide depth markers and no diving warnings as required by the California building code and failure to have an underwater light operational in pools that are open during nighttime hours.
If you can show that the property owner or operator breached this duty and that this breach was the cause of your accident, then you may have a viable swimming pool accident premises liability claim.
Fire and Smoke Injuries
Enduring injuries in a fire or smoke-related accident may warrant a premises liability claim against the property owner or operator. Property owners and operators have a duty to ensure that their buildings are up to code and do not pose a fire hazard.
To successfully bring a premises liability claim for injuries sustained in a fire or smoke-related accident, you will need to show that the property owner or operator knew or should have known about the hazard and did not take steps to alleviate it. You will also need to show that this breach of duty was the cause of your accident and injuries.
Negligent Security
If you are the victim of a crime—such as assault, battery, or rape—while on another person's property, you may have a premises liability claim against the property owner or operator. Property owners and operators owe those on their premises a duty to take steps to ensure their safety. This includes providing adequate security measures to prevent crimes from occurring.
To successfully bring a negligent security premises liability claim, you will need to show that the property owner or operator knew or should have known about the lack of security and did not implement measures to solve the problem that a reasonable property owner would have implemented in the same or similar situation. You will also need to show that this breach of duty led to your accident and injuries.
Toxic Chemical Exposure
Enduring exposure to toxic chemicals and substances may warrant a premises liability case if you are injured as a result. Property owners and operators owe those on their premises a duty to ensure there are no hazardous materials present that could cause harm.
To successfully bring a toxic chemical exposure premises liability claim, you will need to show that the property owner or operator knew or should have known about the presence of the hazardous material and did not take steps to remove it or warn those on the premises. You will also need to show that this breach of duty led to your accident and injuries.
Premises Liability Claim Statute of Limitations
In the state of California, the statute of limitations for premises liability claims is two years from the date of the accident. The statute of limitations refers to the length of time you are legally allowed to submit a case. If you fail to file a case for your injuries within the two-year deadline, you likely won’t be able to recover any compensation for your losses.
Our Team Can Help with Your Premises Liability Case
As you can see, there are many different types of accidents that could occur on another person's property that may warrant a premises liability claim. If you have been injured in an accident on someone else's property, it is important to speak with an experienced premises liability lawyer to discuss your legal options.
Call our Los Angeles attorneys at (929) 841-6928 or contact us online to get in touch with someone from our team about the details of your case right away. We will fight to recover your full and fair compensation.